Part IDecisions and Appeals
C1C2C3C4C5C7Chapter IISocial Security Decisions and Appeals
Pt. 1 Ch. 2: power to apply and exclude conferred (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), ss. 23(1), 28(3) (with Sch. 8); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)
Pt. 1 Ch. 2 applied (with modifications) by Pension Schemes Act 1993 (c. 48), s. 171(2)(3) (as substituted (5.7.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 19(3) (with Sch. 8); S.I. 1999/1662, art 2(b), Sch. Pt. 2 (with art. 4))
Pt. 1 Ch. 2 modified (1.9.1999) by The Child Benefit (Northern Ireland Reciprocal Arrangements) Amendment Regulations 1999 (S.I. 1999/2225), regs. 1(1), 2(2), Sch.
Pt. 1 Ch. 2 modified (1.9.1999) by The Social Security (Northern Ireland Reciprocal Arrangements) Amendment Regulations 1999 (S.I. 1999/2227), regs. 1(1), 2(2), Sch.
Pt. 1 Ch. 2 modified (5.10.1999) by Tax Credits Act 1999 (c. 10), s. 20(2), Sch. 2 para. 21 (with s. 19)
Decisions
C88Decisions by Secretary of State
1
Subject to the provisions of this Chapter, it shall be for the Secretary of State—
b
to decide any claim for a social fund payment mentioned in section 138(1)(b) of the Contributions and Benefits Act; F1and
I1I2I3C6I4c
subject to subsection (5) below, to make any decision that falls to be made under or by virtue of a relevant enactment; F2...
F2d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1I2I3I42
Where at any time a claim for a relevant benefit is decided by the Secretary of State—
a
the claim shall not be regarded as subsisting after that time; and
b
accordingly, the claimant shall not (without making a further claim) be entitled to the benefit on the basis of circumstances not obtaining at that time.
3
In this Chapter “relevant benefit”, subject to section 21(4) below, means any of the following, namely—
I4b
a jobseeker’s allowance;
c
income support;
f
a social fund payment mentioned in section 138(1)(a) or (2) of the Contributions and Benefits Act;
I1g
child benefit;
h
such other benefit as may be prescribed.
I1I2I3I44
In this section “relevant enactment” means any enactment contained in this Chapter, the Contributions and Benefits Act, the Administration Act, the [1992 c. 6.] Social Security (Consequential Provisions) Act 1992 or the Jobseekers Act, other than one contained in—
a
Part VII of the Contributions and Benefits Act so far as relating to housing benefit and council tax benefit;
b
Part VIII of the Administration Act (arrangements for housing benefit and council tax benefit and related subsidies).
I1I2I3I4F35
Subsection (1)(c) above does not include any decision which under section 8 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 falls to be made by an officer of the Inland Revenue.
Pt. 1 Ch. 2: power to transfer functions conferred (25.2.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), ss. 17, 28(2)(c) (with Sch. 8)